Category: Articles
Article
Addiction and Liberty
Matthew B. Lawrence
Associate Professor of Law, Emory Law; Affiliate Faculty, Harvard Law School, Petrie-Flom Center for Health Law Policy, Bioethics, and Biotechnology.
This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts…
Apr 2023
Article
Municipal Failures
Nancy Leong
William M. Beaney Memorial Research Chair and Professor of Law, University of Denver Sturm College of Law.
Nancy Leong
William M. Beaney Memorial Research Chair and Professor of Law, University of Denver Sturm College of Law.
Calls for reforming the civil rights enforcement regime often focus on individual government officers. Recent years have brought demands to abolish qualified immunity—a defense that protects individual officers from liability so long as they did not violate clearly established law—and to end indemnification—a practice in which government employers satisfy judgments against their employees. This Article…
Apr 2023
Article
If We Build It, Will They Legislate? Empirically Testing the Potential Testing the Potential of the Nondelegation Doctrine to Curb Congressional “Abdication”
Daniel E. Walters & Elliot Ash
Associate Professor of Law, Texas A&M University School of Law & Assistant Professor, Law, Economics, and Data Science, ETH Zurich.
A widely held view for why the Supreme Court would be right to revive the nondelegation doctrine is that Congress has perverse incentives to abdicate its legislative role and evade accountability through the use of delegations (either expressly delineated or implied through statutory imprecision), and that enforcement of the nondelegation doctrine would correct for those…
Apr 2023
Article
Privacy Pretexts
Rory Van Loo
Boston University School of Law and Affiliated Fellow, Yale Law School Information Society Project
Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Tech companies like Amazon, Meta (Facebook), and Alphabet (Google) wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by…
Mar 2023
Article
The Undemocratic Roots of Agency Rulemaking
Emily S. Bremer
Associate Professor of Law, University of Notre Dame Law School
Americans often credit—or blame—Congress for the laws and policies that govern their lives. But Congress enacts broad statutes that give federal administrative agencies the primary responsibility for making and enforcing the regulations that control American society. These administrative agencies lack the political accountability of those in public office. To address this democratic deficit, an agency…
Mar 2023
Article
Forced Remote Arbitration
David Horton
Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law
Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings—which once were rare—became common. This shift generated fierce debate about how video trials differ from in- person proceedings. Now, though, most courts have reopened, and the future of remote trials is unclear. However, the pandemic also…
Mar 2023
Article
Privacy Pretexts
Rory Van Loo, Boston University School of Law and Affiliated Fellow, Yale Law School Information Society Project
Data privacy’s ethos lies in protecting the individual from institutions. Increasingly, however, institutions are deploying privacy arguments in ways that harm individuals. Tech companies like Amazon, Meta (Facebook), and Alphabet (Google) wall off information from competitors in the name of privacy. Financial institutions under investigation justify withholding files from the Consumer Financial Protection Bureau by…
Dec 2022
Article
Rhetoric and the Creation of Hysteria
Ediberto Román, Professor of Law, Florida International University & Ernesto Sagás, Professor of Ethnic Studies, Colorado State University
The anti-immigrant tenor of the debate leading to the need for a wall, the frustrations relating to it, and its resulting political opportunism are not limited to the United States. Throughout the Western Hemisphere and Europe, political leaders are using similar rhetoric of the immigrant “other” in order to rally the base, deflect criticism, and…
Dec 2022
Article
Perceptions of Justice in Multidistrict Litigation: Voices from the Crowd
Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law & Margaret S. Williams, Adjunct Faculty, Johns Hopkins University
With all eyes on criminal justice reform, multidistrict litigation (MDL) has quietly reshaped civil justice, undermining fundamental tenets of due process, procedural justice, attorney ethics, and tort law along the way. In 2020, the MDL caseload tripled that of the federal criminal caseload, one out of every two cases filed in federal civil court was…
Nov 2022
Article
Remote Work and the Future of Disability Accommodations
Arlene S. Kanter, Laura J. and L. Douglas Meredith Professor of Teaching Excellence (2005–07), Syracuse University; Bond, Schoeneck and King Distinguished Professor of Law (2011–13); Director, Disability Law and Policy Program; Director, International Programs, Syracuse University College of Law
When the Americans with Disabilities Act was originally enacted in 1990, and later amended in 2008, technology had not yet advanced to where it is today. In the past decade, sophisticated computer applications and programs have become commonplace. These advances in technology, have enabled millions of employees to work from home since the onset of…
Nov 2022
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